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Writ of execution

A court order that directs law enforcement personnel to take action in an attempt to satisfy a judgment won by the plaintiff.  Specifically, a writ of execution usually addresses a sheriff.  The sheriff, in turn, attempts to levy property owned by the defendant.

See Sheriff's sale.

Definition from Nolo’s Plain-English Law Dictionary

A court order to a sheriff to enforce a judgment, by seizing real or personal property of a judgment debtor, in order to obtain funds to pay the winning plaintiff the judgment amount.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:27 pm

 

Pam sues Jim for breach of contract.  After a quick trial, Pam wins $10,000 in money damages.  Pam is overjoyed, but a month goes by and Jim refuses to pay.

Finally, Pam seeks and obtains a writ of execution.  In accordance with this writ, a sheriff arrives at Jim's home and looks for property that may be seized to satisfy Pam's judgment.

Some property is seized from Jim's home and is sold at a public auction (i.e., a sheriff's sale).  The proceeds, totaling $4,000, are given to Pam in partial satisfaction of the judgment.

The sheriff then sends a garnishment order to Jim's employer.  The employer will now deduct a portion of Jim's regular wages and send the money directly to Pam until she gets the rest of the awarded damages. 

"[I]t was clear that the expected judgment would give Pennzoil significant rights under Texas law.  By recording an abstract of a judgment in the real property records of any of the 254 counties in Texas, a judgment creditor can secure a lien on all of a judgment debtor's real property located in that county.  If a judgment creditor wishes to have the judgment enforced by state officials so that it can take possession of any of the debtor's assets, it may secure a writ of execution from the clerk of the court that issued the judgment."

Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 4 (1987) (citation omitted).